Definitions and interpretation
Data, collectively all information that you submit to Enliven the Mind via the App. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws, any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;
GDPR, the UK General Data Protection Regulation;
Enliven the Mind, we or us, Enliven the Mind of Office 10393, PO Box 7169, Poole, BH15 9EL;
User or you, any third party that accesses the App and is not either (i) employed by Enliven the Mind and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Enliven the Mind and accessing the App in connection with the provision of such services; and
App, the App that you are currently using and other versions of this App unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, Enliven the Mind is the “data controller”. This means that Enliven the Mind determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
b. contact Information such as email addresses and telephone numbers;
c. IP address (automatically collected);
d. operating system (automatically collected);
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7. Enliven the Mind will collect your Data in a number of ways, for example:
a. when you install and open the App;
b. when you register with us and set up an account in the App;
c. when you elect to receive marketing communications from us;
d. when you use our services;
Data that is collected automatically
8. To the extent that you access the App, we will collect your Data automatically, for example:
a. we automatically collect some information about your App session. This information helps us to make improvements to App content and navigation, and includes your IP address, the date, times and frequency with which you access the App and the way you use and interact with its content.
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our App. Specifically, Data may be used by us for the following reasons:
a. improvement of our products / services;
b. transmission by email of marketing materials that may be of interest to you;
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
Who we share Data with
11. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors – to provide, manage and improve the ENLIVEN App and your personal account within it together with any other compatible purposes;
b. third party service providers who provide services to us which require the processing of personal data – to help third party service providers in receipt of any shared data to help us analyse and optimize the ENLIVEN App to improve the quality of our product;
Keeping Data secure
12. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
13. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
14. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
15. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
16. You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
17. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com.
18. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their App at https://ico.org.uk/.
19. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the United Kingdom and European Economic Area
20. Data which we collect from you may be stored and processed in and transferred to countries outside of the UK and European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the UK or EEA or one of our service providers is situated in a country outside the UK or EEA.
21. We will only transfer Data outside the UK or EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission.
22. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other Apps or Websites
Changes of business ownership and control
24. We may also disclose Data to a prospective purchaser of our business or any part of it.
25. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
28. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
29. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.